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MTC/City of San Leandro
<br />Master Funding Agreement for FY 2021-22 to FY 2030-31
<br />Page 29
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<br />APPENDIX B TO ATTACHMENT B
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<br />To be included as covenant running with the land, in any deed affecting a transfer of real property,
<br />structures, or improvements thereon, or interest therein)
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<br />The following clauses shall be included in any and all deeds effecting or recording the transfer of
<br />PROJECT real property, structures or improvements thereon, or interest therein from the United States.
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<br />(GRANTING CLAUSE)
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<br />NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
<br />condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in
<br />accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for
<br />Highways and the policies and procedures prescribed by the Federal Highway Administration of the
<br />Department of Transportation and, also in accordance with and in compliance with the Regulations
<br />pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42
<br />U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right,
<br />title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit “A”
<br />attached hereto and made a part hereof.
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<br />(HABENDUM CLAUSE)
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<br />TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever,
<br />subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows,
<br />which will remain in effect for the period during which the real property or structures are used for a
<br />purpose for which federal financial assistance is extended or for another purpose involving the provision
<br />of similar services or benefits and shall be binding on AGENCY, its successors arid assigns.
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<br />AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant
<br />and agree as a covenant running with the land for itself, its successors and assigns,
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<br />(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be
<br />excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
<br />regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
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<br />(2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all
<br />requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
<br />Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted
<br />programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964,
<br />and as said Regulations may be amended (;) and
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<br />(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.
<br />Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the
<br />above-described land and facilities shall thereon revert to and vest in and become the absolute property of
<br />the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
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